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Texas Retail Providers, NextEra Energy Reach Stipulation On Oncor Branding, Method For Customer Rate Credits

February 21, 2017

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Copyright 2010-17 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com

NextEra Energy, Inc. and several Texas retail electric providers have reached stipulations, filed in NextEra Energy's application before the Public Utility Commission of Texas to acquire Oncor, concerning the branding of Oncor and competitive NextEra Energy affiliates, and certain rate credits adopted in the proceedings.

A stipulation among NextEra, TXU Energy, the Texas Energy Association for Marketers, and the NRG Companies provides that NextEra Energy agrees, as a regulatory commitment, that, "Oncor shall maintain a name, trademark, brand, logo, and identifying brand features separate and distinct from NextEra Energy and its current and any future Texas competitive affiliates. For the sake of clarity, Gexa, NextEra Energy Marketing, LLC, NextEra Retail of Texas, L.P., and any other current or future Texas competitive affiliates will not use the Oncor name, trademark, brand, logo, or any other brand identifying features; nor will Oncor engage in joint marketing, advertising, or promotional efforts with Gexa, NextEra Energy Marketing, LLC, NextEra Retail of Texas, L.P., or any other current or future Texas competitive affiliate, in a manner that is inconsistent with the Public Utility Regulatory Act and the Commission’s affiliate rules."

Also under this stipulation, "NextEra Energy agrees that neither Oncor nor Oncor’s subsidiaries will host or allow the Oncor name, trademark, brand, logo, or other identifying brand features to be used to promote a competitive retail electric shopping website."

A prior regulatory commitment provides that Oncor will provide monthly bill credits to "customers" (as originally written) in an amount equal to 90% of the interest rate savings achieved until final rates are set in a future proceeding (as more fully described in the commitment)

The stipulation with the REPs modifies this commitment to specify that the monthly bill credits are provided to "electric delivery rates" (not "customers"), and further provides that, "NextEra Energy and Oncor agree to work in good faith with TXU Energy Retail Company LLC, Texas Energy Association for Marketers, NRG Companies, and other interested parties to determine an acceptable method for implementation of the bill credits to effectuate this commitment, as approved by the Commission."

This stipulation provides that, "At a minimum, Oncor shall provide retail electric providers 45-day notice of the amount of the customer credits (e.g., for each customer class, the amount per kWh or per-customer credit that would apply) prior to the effective date of the credits and shall implement updated bill credits simultaneously with other changes in Oncor’s rates."

TXU Energy, TEAM, and NRG Companies agree to not oppose the proposed NextEra acquisition of Oncor, in exchange for each of the commitments above being incorporated in the Commission’s final order.

NextEra and NRG also entered into a separate stipulation modifying a NextEra regulatory commitment concerning interconnection of NextEra competitive affiliate generation in the Oncor service area, under which NextEra had agreed that any such interconnection would require PUCT approval. The stipulation with NRG explicitly provides that NextEra would consider any application for PUCT approval of such interconnection a contested case to determine whether the interconnection is in the public interest consistent with the open access standards.

Docket 46238

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